THE QUEST FOR NATIONAL UNITY: OTTAWA'S CONSTITUTIONAL STRATEGY IN THE TRUDEAU ERA By JOHN A. MIKLOSKA B.A., Wil-frid Laurier University, 1985 A THESIS SUBMITTED IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF ARTS in THE FACULTY OF GRADUATE STUDIES Department o-f Political Science We accept this thesis as conforming to the required standard THE UNIVERSITY OF BRITISH COLUMBIA September 1989 (o) John A. Mikloska, 1989 In presenting this thesis in partial fulfilment of the requirements for an advanced degree at the University of British Columbia, I agree that the Library shall make it freely available for reference and study. I further agree that permission for extensive copying of this thesis for scholarly purposes may be granted by the head of my department or by his or her representatives. It is understood that copying or publication of this thesis for financial gain shall not be allowed without my written permission. Department of Qo L\Ti <:.AL 5Wg/V<£g The University of British Columbia Vancouver, Canada Date DE-6 (2788) ABSTRACT The rise o-f Quebecois nationalism in the 1960s and regional• ism in the 1970s presented a considerable threat to the Canadian state. A variety o-f political, institutional, economic and socio-cultural -factors have contributed to these phenomena. One o-f the primary preoccupations of the federal government in recent decades has been the resolution of the national unity problem. During the tenure of Pierre Trudeau as prime minister, Ottawa developed an intriguing and multi-faceted constitutional strategy to deal with the challenges facing Canadian federalism. This thesis has divided that strategy into three major parts: the reform of federal institutions in an intrastate direction; the policies of bi1ingualism and multiculturalism; and the entrench• ment of a constitutional Bill of Rights. These initiatives may be breifly described as a restructuring of institutions and state—society relations designed to strengthen the national government and community at the expense of their provincial counterparts. The federal plan was an attempt to build a pan- Canadian identity which transcended regional identities, to limit the legislative capacities of provincial governments, and to increase the salience of non-territorial cleavages. The national unity strategy of the Trudeau government can be viewed as part of a historical pattern of federal initiatives designed to prevent the provincialization of the country. How• ever, by emphasizing Canada's linguistic duality and cultural diversity and by shifting the focus onto individual rights and the symbolic aspects of social organization, Trudeau's formula diverged somewhat from previous nation-building ventures. iii TABLE OF CONTENTS Abstract ii Acknowledgements iv Introduction 1 Endnotes 7 Chapter 1: The Roots of Disunity 8 Endnotes 28 Chapter 2: The Restructuring o-f Federal Institutions 30 Endnotes 48 Chapter 3: Bi1ingualism and Multicultural ism 49 Endnotes 68 Charter 4: A Constitutional Bill of Rights 70 Endnotes 87 Conclusion 89 Endnotes 100 Bibliography 101 ACKNOWLEDGEMENTS In completing this work, I owe a great deal o-f thanks to a number o-f people. First o-f all, I would like to thank Alan Cairns -from whose knowledge I have bene-fitted a great deal. His guidance and encouragement over the past -four months have, been i nvaluab1e. My appreciation also extends to committee members Phil Resnick and Sam LaSelva -for their contributions. Additional thanks go to Gabriel la and Tony -for their help-ful comments on earlier drafts. Finally, I must express my gratitude to my -family for the moral support they have given me during my years at UBC. To them I dedicate this thesis. 1 INTRODUCTION In recent decades, the Canadian -federation has been subject to an array o-f centrifugal pressures, some of which have present• ed a serious challenge to its continued existence. The rise of the new state-centred Quebecois nationalism that emerged in the 1960s brought demands for greater provincial autonomy, "special status," and even outright political independence. In the following decade, the development of the broader phenomenon of "provincialism" or "regionalism" within English Canada produced similar demands for a decentralization of powers and for an in• creased provincial role in national policy—making. The increased power and assertiveness of provincial regimes set the stage for a series of dramatic confronations with Ottawa. While many cleavages have emerged in Canadian society during the postwar era, those of the linguistic and regional character have been the most salient and have been the only ones with the potential to threaten the territorial integrity of the Canadian state. Not only did the emergence of regionalism and dualism intensify the intergovernmental struggle for power, it gave rise to alternative conceptions of community which put the very legitimacy of the federal government and the Canadian constitu• tion in question. The phenomena of Quebec nationalism and provincialism brought with them a redefinition of Canada which emphasized provincial governments, communities and identities at the expense of their national counterparts. Canada was perceived 2 as an entity in which provinces were the basic unit and the national interest was no more than the aggregate o-f provincial interests. The national unity "crisis" that emerged in Canada demanded a definitive response on behalf of the central government in Ottawa. The promotion of national unity has indeed been a funda• mental concern of the federal government over the past three decades. Reacting to the balkanization of Canada and the decline of its own power and legitimacy, the federal government developed an intriguing and multi-faceted strategy for enhancing national integration. Articulated in this strategy was a rival conception of Canada, one which saw the central government as paramount and the national community as more than the sum of its component parts. The purpose of this thesis will be to examine Ottawa's national unity strategy from its initial responses to the Quebec challenge in the 1960s to the signing of the 1982 Constitutional Accord. Given the time period under consideration, the primary — — though hot exclusive —focus will be on the years in which Pierre Elliot Trudeau was prime minister with particular emphasis on his personal contribution to the direction of federal initia• tives. It will attempt to address the following questions: 1) what did Ottawa perceive to be the root cause of linguistic and regional conflict? 2) what were the underlying theoretical assumptions behind the strategy for promoting national unity? and 3) how did this strategy change — if at all — over this 3 time period? Ottawa's plan -for promoting national unity may be succinctly described as an attempt to restructure federal institutions and state-society relations in order to strengthen the national gov• ernment and community to the detriment of provincial governments and communities. It involved the development of initiatives designed not only to limit the power and influence of provincial regimes, but to reorient citizen loyalties and identification toward the national level. This was to be achieved by giving "symbolic and practical expression to a national citizenship independent of regional location."1 Discussion of the nation-building strategy of the federal government has been divided into three parts and will be dealt with individually in chapters 2 through 4.= Chapter 2 will look at the attempt to enhance the "intrastate" dimension of Canadian federalism — that is, the attempt to sensitize federal inst• itutions to regional particularisms. It was anticipated that through a selective regional input into national policy-making, the federal government could enhance its legitimacy while limit• ing the capacity of provincial governments to present themselves as the only effective regional representatives. Ultimately, the Trudeau administration was unsuccessful in implementing the bulk of these reforms. One of the most important items on the federal agenda was the forging of a common and unifying "pan-Canadian" identity. One of the cornerstones of this objective were the policies of biling• ual ism and multicultural ism. Responding to the grievances of 4 French-Canadians and ethnic minorities, these policies were intended to alleviate -feelings o-f alienation experienced by these groups and to make Canada's French-English duality and cultural diversity central attributes o-f the Canadian identity. The inclusion of bilingualism and multicultural ism into the 1982 Charter of Rights and Freedoms helped further this objective and was an important aspect of the Charter's nation-building dimen• sion. This subject will be the focus of discussion in chapter 3. The potential of the Charter to enhance national unity was not simply confined to the fact that it contained provisions regarding language and culture. As chapter 4 will demonstrate, the entrenchment of a constitutional Bill of Rights was intended to arouse a rights consciousness among Canadians; to endow citizens with a common identity as bearers of rights independent of provincial residency. It also reflected the firm commitment on behalf of federal elites to 1iberal-democratic principles. Such a document, along with the policies of bilingualism and multiculturalism, was intended to lessen the salience of ter• ritorial conflict and to limit the legislative capabilities of provincial governments. The capacity of governments to